Celebrants and the Marriage Act 1961 issues
Few Australians understand the complexities of our Marriage Act. The Act was established in the middle of the last century based upon British legislation pioneered in 1836. Unlike France, where all couples must attend a registry office to legally marry, in Australia, couples can choose from 4 types of marriage celebrants: Independent Civil Marriage Celebrants (Subdivision C) Independent Religious Marriage Celebrants (Subdivision C) Religious celebrants from Recognised Religions (Subdivision A) Marriage Officers in State and Territory Registry Offices (Subdivision B) This is because the civil function of witnessing and registering a marriage according to civil law has been granted by…
All persons who solemnise marriages in Australia must be authorised under the one Marriage Act. Marriage celebrants are in three categories in the Marriage Act 1961 under: Division 1—Subdivision A—Ministers of recognised religions Division 1—Subdivision B—State and Territory officers etc. Division 1—Subdivision C—Marriage celebrants - Independent civil and minority religious Division 1—Subdivision A—Ministers of recognised religions Marriage (Recognised Denominations) Proclamation References: www.comlaw.gov.au 2018 Proclamation - www.comlaw.gov.au Signed and sealed with the Great Seal of Australia on 21 November 2018 There are 148 Recognised Religions listed in this Proclamation. A2A Ltd. Aboriginal Evangelical Fellowship of Australia Ananda Marga Anglican Catholic Church in Australia,…
What religious groups are represented by independent religious celebrants - Commonwealth authorised?
There are 372 religious organisations as of 19th October 2019. There may be approx. 347 religious if different geographic groups are of the one religious belief (designated x below).For example:Orthodox Catholic ChurchOrthodox Catholic Church Of Australia - CabooltureOrthodox Catholic Church of Christ the King In total, there are 405 ministers of religious organisations. However, 39 of these religious celebrants are also authorised to perform "civil" ceremonies, which may or may not adhere to the civil law definition of marriage i.e. Marriage, according to law in Australia, is the union of two people to the exclusion of all others, voluntarily entered into…
The Marriage Act 1961 determines the different Divisions and Types of Marriage Celebrants Division 2—Marriages by authorised celebrantsDivision 3—Marriages by foreign diplomatic or consular officersDivision 3—Marriages of members of the Defence Force overseas The Commonwealth Attorney-General's Department is responsible to maintain a Register of All Marriage Authorised Celebrants ensure that the public has access to this information. This Register is now a web-based register on the AGD website. Links to Find a Celebrant section of the website are included in the list of types of authorised marriage celebrants to access information about each group. Also note when accessing the online…
. Marriage Act 1961 Section 45 45 Form of ceremony 1. Where a marriage is solemnised by or in the presence of an authorised celebrant, being a minister of religion, it may be solemnised according to any form and ceremony recognised as sufficient for the purpose by the religious body or organisation of which he or she is a minister. 2. Where a marriage is solemnised by or in the presence of an authorised celebrant, not being a minister of religion, it is sufficient if each of the parties says to the other in the…
5. Marriage Act 1961 Section 46 46 Certain authorised celebrants to explain nature of marriage relationship (1) Subject to subsection (2), before a marriage is solemnised by or in the presence of an authorised celebrant, not being a minister of religion of a recognised denomination, the authorised celebrant shall say to the parties, in the presence of the witnesses, the words: ―I am duly authorised by law to solemnise marriages according to law. ―Before you are joined in marriage in my presence and in the presence of these witnesses, I am to remind you of the solemn…
THIS SECTION WAS REPEALED Section 47. Ministers of religion not bound to solemnise marriage etc. Nothing in this Part: (a) imposes an obligation on an authorised celebrant, being a minister of religion, to solemnise any marriage; or (b) prevents such an authorised celebrant from making it a condition of his or her solemnising a marriage that: (i) longer notice of intention to marry than that required by this Act is given; or (ii) requirements additional to those provided by this Act are observed.” AND REPLACED WITH THE FOLLOWING: 47 Ministers of religion may refuse to solemnise marriages Refusing to solemnise…
48 Certain marriages not solemnised in accordance with this Division to be invalid (1) Subject to this section, a marriage solemnised otherwise than in accordance with the preceding provisions of this Division is not a valid marriage. (2) A marriage is not invalid by reason of all or any of the following: (a) failure to give the notice required by section 42, or a false statement, defect or error in such a notice; (b) failure of the parties, or either of them, to make or subscribe a declaration as required by section 42, or a false statement, defect or error…
Copy of Email sent by the Attorney-General's Department today 8.12.2017 Dear CelebrantFrom 9 December 2017, marriage in Australia will be redefined as ‘the union of 2 people to the exclusion of all others, voluntarily entered into for life’. The right to marry under Australian law will no longer be determined by sex or gender.It will be legal for same-sex couples to marry in Australia. The usual requirements around giving a Notice of Intended Marriage continue to apply; the NOIM must be given at least one month prior to the wedding ceremony, unless a shortening of time has been obtained from…
Dear associationsOn 9 December 2017, the Marriage Act 1961 will be amended to redefine marriage in Australia as ‘the union of 2 people to the exclusion of all others, voluntarily entered into for life’. The right to marry under Australian law will no longer be determined by sex or gender.The department has published a webpage providing information about marriage equality in Australia: http://www.ag.gov.au/marriageequality.
